Public forum on Madison County 'high-impact' traffic road preservation law May 8

WAMPSVILLE - The Board of Supervisors agreed Tuesday to hold a public hearing May 8 at 11 a.m. at the Madison County Office Building to discuss the hauling of heavy equipment, such as that used in hydrofracking, on county roads.

The discussion would focus on whether to create a local law requiring a road preservation agreement for use of county roads by vehicles that exceed the state's weight or size limits.

The legislation seeks to regulate "high-frequency" and "high-impact" traffic on county roads, which is defined as traffic to and from a single project site that generates more than 10 truck trips per day for more than four consecutive days with trucks that exceed 20 tons, truck and load combined.

The county highway superintendent and county attorney would enforce the law.

Penalties for violations could include a fine of $1,000 and 15 days in jail. Each act would constitute a separate violation.

If a hauler fails to comply with the requirements of the permit, it could be suspended or revoked

The resolution states the county could be "facing a variety of impending major development projects that may result in extraordinary high-intensity traffic to and from development sites causing significant and measurable damage to Madison County roads," and imperils those who use them.

"The damage that results from high-intensity traffic must be anticipated, reviewed, analyzed and repaired promptly, following proper and appropriate engineering standards," the resolution continues. "It is in the best interest of the general public and taxpayers to assign responsibility for the repair of damage to...those responsible for the damage rather than to all county taxpayers."

After the meeting, Town of Nelson Supervisor Roger Bradstreet noted there are some protections in place for county roads, but "not to the degree of heavy traffic that we're expecting."

Deputy Highway Superintendent Brad Newman said the department currently only has the "special hauling permit," used to keep heavy vehicles off bridges that are posted for weight limits. He added that state law allows the county to enact the road use agreements.

Bradstreet said the proposed law would exempt most agricultural traffic.

"We don't want to impact local farmers with milk trucks or people that have logging businesses," he said. "But commercial businesses outside of that are what we're looking at; and we're not singling out the gas companies, either. If there was any heavy development other than gas, they would also be held to the same standards."

He gave the example of a gas drilling company in Lebanon which the town believes caused around $300,000 in damage to town roads as a result of high-frequency, high-impact traffic.

"They didn't have a road use agreement like what we're contemplating," he said, noting that the gas company acknowledged the damage and paid restitution.

But not all companies may be as responsible, Bradstreet said. "We're trying to be on the defense in case something happens."

The proposed local law is only a draft, which can be worked out through discussion, research and public input at the hearing. It would only apply to county-maintained roads, but it could serve as a template for towns and villages throughout the area if they choose to adopt it.

"It gives them a start so they don't have to start from scratch," Bradstreet said.

The law was a collaboration among DeRuyter Supervisor Dan Degear, Madison County Highway Superintendent Joe Wisinski and other officials, who researched the road use policies of nearby counties.

"It's for the good of all the taxpayers," said Bradstreet. "We don't need to have the taxpayers paying for roads that get damaged by other people. If private industry damages roads, then those are the people who should be paying their share to fix them."

In other business, the board:

o Urged the state and federal government to ban the manufacture, sale and possession of unregulated natural and synthetic drugs. The sale of synthetic marijuana was banned in New York at the end of March.

o Voiced support of micro-hydroelectric power generation in Madison County. That renewable energy source should be afforded the same financial incentives wind and solar energy producers already enjoy, read a resolution the board passed. The resolution cited a 2010 study by Morrisville State College showing a vast potential for development of energy source generation with minimal impact on the environment. The board would like to see collaboration between New York State Energy Research and Development Authority and NYS Department of Environmental Conservation to streamline the systems' permitting process.

o Declaring April as Alcohol Awareness Month in Madison County. At the meeting, representatives from Madison County BRiDGES, Madison County Stop DWI, Liberty Resources and Madison County Family Treatment Program provided an overview of their services.

o Heard G. Richard and Robert Kinsella ask supervisors to review the use of $1.1 million during the last four years for the lobbying services of Park Strategies. The board ended the county contract with the firm in February and now uses Ryan Moses at about $30,000 per year.

o Approved an agreement between the Madison County Youth Bureau and Liberty Resources Family Services to operate "Safe Place for Youth" Interim Family Home program for runaway and homeless youths from Jan. 1, 2012 to Dec. 31, 2012 in the amount of $40,000.

o Appointed Melinda Whaley, of Canastota, to the Madison County Youth Board from April 1, 2012 to Dec. 31, 2013.

o Accepted a $143,000 Help America Vote Act grant from the New York State Board of Elections.

o Appointed Stephen Goodfriend, of Morrisville, and Jamie Hart, of Oneida, to the Madison County Traffic Safety Board for three-year terms.

o Accepted grants of $43,000 and $84,000 from U.S. Department of Homeland Security.